Employment & Human Resources

Employment related issues are among the most common legal matters that arise in the corporate world. As more foreign companies establish and expand their presence in India, they bring practices from their home countries intended for use in India. These may need to be adapted to suit India-specific requirements. As Indian companies expand globally, they hire overseas talent. Attracting and retaining such talent calls for innovative employment terms and not just adoption of global best practices.

The Indian government too has been active in raising the bar on various matters related to labour and employment by tightening existing rules and legislations. All this means that organizations-whether companies or not-for-profit and across industry sectors- have become more conscious of the need to comply with the growing body of employment laws.

Our services

Fox Mandal has a core team that specializes in employment law mediation and labour law. Our experienced team provides advice on all major legal and regulatory aspects that pertain to employment and the employer-employee relationship, including:

  • Employment contracts
  • Company policies
  • Compensation
  • ESOPs
  • Assistance during Mergers/Acquisitions/Divestitures
  • Disciplinary action / Disciplinary Proceedings legal advice
  • Retrenchment/Termination of services
  • Compliance check and Employment Law audit
  • Employment law advisory / employment law mediation  / employment dispute resolution
  • Prevention of sexual harassment of women at workplace / laws against women harassment

Scope Of Work

Employment contracts

We draft and review employment agreements including for key, senior-level positions. We also offer advice on the structuring of employment, including drafting of contracts such as confidentiality agreements, travel and training bonds, deputation/secondment letters, non-compete and non-solicitation agreements, severance agreements, sexual harassment policies, etc.

We assist in drafting and reviewing the policies of the company and formulating the Employee Handbook. The certified Employee Handbook is a document that lays down the policies of the company and the repercussions of non-compliance as per the Standing Orders Act. We also assist in obtaining the necessary certification for the Employee Handbook from the designated officer of the Labour Department.

ESOP

Employee Stock Option Plans are an effective tool for companies to attract and retain talent. We advise and assist clients in structuring their employee stock option plans and drafting of ESOP agreements including the plan, agreement with the employees etc.

Termination/Retrenchment

Termination/retrenchment of employment often leads to acrimonious situations. It is therefore very important for companies to structure their retrenchment plans legally and effectually, to reduce the risk of any undesirable or unwarranted impact. We advise and assist clients in formulating legally compliant and effective retrenchment plans and in drafting the underlying agreements to protect their best interests.

Assistance during Mergers/Acquisitions/Divestitures

During mergers, acquisitions or divestitures, a prime concern for the parties involved is the transfer of employees and the liabilities attached thereto. We assist our clients in structuring the transaction from an employee perspective to ensure legal compliance and effective transfer of employees and the associated liabilities to the new entity.

Employment Law Audit/Compliance Check

Compliance under prevailing employment laws is a major challenge for companies. We at Fox Mandal have conducted periodic and one-off employment audits for several companies. This normally involves review of policies and documents, site visits and interactions with the concerned representatives. We identify areas of non-compliance and assist in ensuring compliance.

Disciplinary action

At times, organizations may encounter individuals who are not willing to live by the organization’s values, abide by its code of conduct or indeed, comply with the provisions of the law. In such instances, disciplinary proceedings may have to be initiated against such individuals. We assist clients in drafting the disciplinary policy and procedure. During the hearing, we work closely with our clients to ensure a fair trial and compliance with the law and the stated policy/procedure. Policies against Sexual Harassment of Women at the WorkplaceWith the growing number of incidents of harassment of women at the workplaces, companies have become conscious of the need to provide a safe work environment to its women employees. With the enactment of legislation on women safety, companies are now mandatorily required to have policies against sexual harassment of women at workplaces. Companies also required to form an Internal Complaints Committee with an external member to address any issues of harassment of women employees. Companies are also required to conduct periodic employee awareness programs and training for members of the Internal Complaints Committee. We at Fox Mandal assist in review or drafting of the relevant policies. We conduct awareness programs for the employees and provide the appropriate training for the committee members. We also assist with the formation of the committee and provide an external member on board the committee.

Employment advisory

In India, compliance with both central and state employment laws is mandatory. We provide advice on all matters pertaining to employment, including work hours, leave and holidays, compliance under various legislations pertaining to payment of bonus, contract workers, minimum wages, gratuity, industrial disputes, trade union matters, employee compensation etc. We also advise clients on structuring employee compensation and benefits so that it is legally compliant, cost-efficient as well as employee-friendly.

Prevention of Sexual Harassment of women at workplace (PoSH)

We understand the compliance requirements of the PoSH Act and can suitably advise and assist your organization on policy formulation, formation and training of your ICC. In the unfortunate event that instances of sexual harassment of women come up in your organization (whether business, educational institution, NGOs or indeed, government and quasi- governmental agencies), we can assist with hearings to ensure compliance with the letter and spirit of the provisions under various laws. Having advised several clients on PoSH matters, we have gained valuable, hands-on experience on what to do to prevent gaps between policy and its implementation from being exploited to deny victims justice.

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